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words in boldface type and underscored are additions.
Regular Session, 2014
SENATE BILL NO. 371
BY SENATOR MORRELL
EXPROPRIATION. Provides relative to procedures in certain expropriation proceedings.
(8/1/14)
AN ACT1
To amend and reenact R.S. 19:147, 150, 151, and 159, relative to expropriation; to provide2
relative to certain expropriation procedures; to provide for final judgments for3
purposes of immediate appeal; to provide for the delay within which to request a jury4
trial; to provide relative to appeals; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 19:147, 150, 151, and 159 are hereby amended and reenacted to read7
as follows:8
§147. Contesting validity or extent of taking; waiver of defenses; judgment on9
validity or extent of taking10
A. Any defendant desiring to contest the validity or extent of the taking on11
the ground that the property was not expropriated for a public use may file a motion12
to dismiss the suit within ten days from the date the notice was served on him. He13
shall certify thereon that a copy thereof has been served personally or by mail on14
either the plaintiff or his attorney of record in the suit. This motion shall be tried15
contradictorily with the plaintiff.16
B. Failure to file the motion within the time provided to dismiss or to serve17 SB NO. 371
SLS 14RS-823 ORIGINAL
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a copy thereof on the plaintiff within ten days from the date the notice was served1
on him constitutes a waiver of all defenses to the suit except claims for2
compensation.3
C. In the event a defendant files a timely motion to dismiss challenging4
the validity or the extent of the taking, the court shall set the matter for hearing5
within thirty days after the filing of the motion to dismiss and shall render a6
decision within five days after the case is submitted. A judgment determining7
the validity or the extent of the taking pursuant to this Part shall be signed and8
designated as a final judgment by the court for the purpose of an immediate9
appeal.10
* * *11
§150. Determining value where entire tract expropriated; jury demand12
A. Where an entire lot, block or tract of land is expropriated, any defendant13
may apply for a trial to determine the market value of the property expropriated,14
provided:15
(1) He files an answer within thirty days from the date he is served with the16
notice required by R.S. 19:146;17
(2) His answer sets forth the amount he claims;18
(3) His answer has a certificate thereon showing that a copy thereof has been19
served personally or by mail on all parties to the suit who have not joined in the20
answer.21
B. If the defendant desires a trial by jury, he shall file his demand for a22
jury trial within thirty days from the date he is served with the notice required23
by R.S. 19:146. Failure to demand a jury within the time provided constitutes24
a waiver of the right to a jury trial.25
C. Upon the filing of the answer, the court shall issue an order fixing the time26
of the trial of the suit. The clerk of court shall thereupon issue a notice to all parties27
who did not join in the answer of the time fixed for the trial. This notice shall be28
served at least twenty days before the time fixed for the trial and in the manner29 SB NO. 371
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words in boldface type and underscored are additions.
provided by law for the service of citations.1
§151. Determining value and damages where part of a tract is expropriated; jury2
demand3
A. Where a portion of a lot, block or tract of land is expropriated, any4
defendant may apply for a trial to determine the just and adequate compensation to5
which he is entitled, provided:6
(1) He files an answer within one year from the date he is notified in writing ,7
by certified mail, by the plaintiff that it has finally accepted the construction of the8
facility or facilities for which the property was expropriated;9
(2) His answer sets forth the amount he claims as the value of each parcel10
expropriated and the amount he claims as damages to the remainder of his property;11
(3) His damage claim is reasonably itemized;12
(4) His answer has a certificate thereon showing that a copy thereof has been13
served personally or by mail on all parties to the suit who have not joined in the14
answer.15
B. If the defendant desires a trial by jury, he shall include a demand for16
trial by jury in his answer or separate pleading. The answer or separate17
pleading demanding a trial by jury shall be filed not later than the time period18
which defendant has to file his answer pursuant to this Section. Failure to19
demand a jury within the time provided constitutes a waiver of the right to a20
jury trial.21
C. Upon the filing of the answer, the court shall issue an order fixing the time22
of the trial of the suit on compensation. The clerk of court shall thereupon issue a23
notice to all parties who did not join in the answer of the time fixed for the trial.24
This notice shall be served at least twenty days before the time fixed for trial and in25
the same manner provided for the service of citations.26
* * *27
§159. Effect Appeal; expedited review; effect of appeal28
A. No party to an expropriation proceeding filed pursuant to this Part29 SB NO. 371
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shall be entitled to or granted a suspensive appeal from any order, judgment,1
or decree rendered in such proceeding, whether such order, judgment, or2
decree is on the merits, exceptions, or special pleas and defenses, or3
compensation, or any or all of them.4
B. Any judgment determining the validity or extent of the taking5
pursuant to R.S. 19:147, shall be subject to the decision of the appellate court6
on review under a devolutive appeal, and the delays for taking such an appeal7
shall commence upon the signing of that judgment.8
C. The appellate court shall consider an appeal of a judgment rendered9
pursuant to R.S. 19:147, on an expedited basis.10
D. No appeal in any expropriation suit brought under these provisions shall11
operate to prevent or delay the vesting of title in the plaintiff. 12
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Dawn Romero Watson.
DIGEST
Morrell (SB 371)
Present law provides that any defendant desiring to contest the validity of the taking on the
ground that the property was not expropriated for a public use can file a motion to dismiss
the suit within 10 days from the date the notice was served on him, and that failure to file
the motion timely or to serve a copy on the plaintiff constitutes a waiver of all defenses to
the suit except claims for compensation.
Proposed law retains present law and expands to contests on the extent of the taking.
Provides that a judgment rendered determining the validity or extent of the taking be
designated as a final judgment for the purpose of an immediate appeal.
Present law provides that in a proceeding where an entire lot, block or tract of land is
expropriated, any defendant may apply for a trial to determine the market value of the
property expropriated if he files an answer within 30 days from the date he is served with
the notice, his answer sets forth the amount he claims, and his answer has a certificate
showing that a copy has been served personally or by mail on all parties to the suit who have
not joined in the answer.
Proposed law retains present law and provides that if the defendant desires a trial by jury,
he shall file his demand for a jury trial within 30 days from the date he is served with the
notice of taking, and that failure to demand a jury timely constitutes a waiver of the right to
a jury trial.
Present law provides that where a portion of a lot, block or tract of land is expropriated, any
defendant may apply for a trial to determine the just and adequate compensation to which
he is entitled if he files an answer within one year from the date he is notified in writing by
the plaintiff that it has finally accepted the construction of the facility or facilities for which
the property was expropriated, his answer sets forth the amount he claims as the value of SB NO. 371
SLS 14RS-823 ORIGINAL
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words in boldface type and underscored are additions.
each parcel expropriated and the amount he claims as damages to the remainder of his
property, his damage claim is reasonably itemized, and his answer has a certificate showing
that a copy has been served personally or by mail on all parties to the suit who have not
joined in the answer.
Proposed law retains present law and provides that if the defendant desires a trial by jury,
he shall file his demand for a jury trial at the same time he files his answer and that failure
to demand a jury timely constitutes a waiver of the right to a jury trial.
Present law provides that no appeal in any expropriation suit brought under the provisions
of present law shall operate to prevent or delay the vesting of title in the plaintiff.
Proposed law retains present law and provides that no party to an expropriation proceeding
shall be granted a suspensive appeal. Provides that the judgment determining the validity
or the extent of the taking is subject to the decision of the appellate court on review under
a devolutive appeal, and the delays for taking such an appeal commence upon the signing
of that judgment. Requires the appellate court to consider such an appeal on an expedited
basis.
Effective August 1, 2014.
(Amends R.S. 19:147, 150, 151, and 159)